The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-12-19
n1R. swENsoN,s CASE.

The Rights of Government Officers as In
venrors-How 1t Affects Sorghum.
Washington Special.
The controversy which has been pending since
last spring between the sorghum manufacturers
If Kansas and the Commissioner Of Agriculture
will be settled by the United States courts if the
Attorney general of the United States thinks
that suit be maintained against the holder
of the patent for the diffusipg process. There
is no subject in recent years which has excited
much general interest among agriculturists of
the sorgh um producing belt the patent for the
manufacture of sorghum sugar-the diffusing
process-which was granted to Mr.. Swenson.
Mr. Swenson is expert employed by the Bu-
reau of Agriculture for the purpose of expert
menting as to the best methods of making su-
gar from sorghum cane. He was paid his sala-
~ by the government furnished with an expen-
sive plant for mis- experiments, and all OF the
appliances By means of which his discovery was
made were furnished by the government. While
engaged in these experiments he discovered the
'difusing process." which greatly reduces the
cost of the manufacture 1t is claimed that
ner lt there can be no longer any doubt that
sorghum sugar can be very probably made in
this country at small cost mir Swenson OBJ
tanned a patent for his process soon to sur
prise those who have been accustomed to await
the tedious delays OK the Patent Office. He i'm
msdiately began to require the sorghum pro-
dlcers in the Western States to pay him a roy
atty for the use of his patent. The farmers of
Kansas are in open rebellion at this. The Com
missioner of Agriculture has denounced the
patent claiming that the invention of right be-
longs to the government, lt discovered
by government talent AT government expense.
and in government time. Commissioner Col
man protested against the patenting of this pro-
cess but his protest came too late. Senator
Plumb has been persistent in his efforts TO have
the patent cancelled, but without avail. Now
he he's succeeded in securing the passage by the
Senate of a resolution which directs the Attor-
ney general to bring suit to cancel the patent it,
In his opinion. such a suit can be maintained.
Mr. Edmunds. chairman OF the judiciary
mittee, in the course of the debate, expressed
his opinion that the suit could be maintained
But lawyers of perhaps equal eminence hold
contrary opinion. and the Attorney general, in
view of the conflict of opinion may prefe. to
have the United States Court finally decide the
question.
number of officers in the army and navy
who have made inventions under circumstances
similar have been granted patents. The govern
ment IN some noted cases has paid to army and
navy officers handsome sums for inventions
made by them when in government pay and
using government material Only two or three
years have passed since Congress made large
appropriation for the heirs of an inventor whose
patent proved OF great service to the government,
yet who made this invention while in government
service and as the result of experiments with ma
terlal furnished by the government The mo-
tives which have thus far actuated the govern
mens il permitting these patents to stand that
while it is true that the inventions made
by government officers, It is also undou bted-
ly true that If their inventive talents
were not stimulated by the hope of personal re-
ward, the discoveries would not have been made.
Collateral to tbe resolution presented by SEN
ator Plumb. the Senate has also passed a reso-
luton which has very important bearing not
only upon this patent for q process of producing
sorghum sugar, but upon the telephone cases.
and upon all the valuable patents many of
which are now IN litigation. The committee
the judiciary has been asked to report whether
the government has the power by legal process.
aDTa lay hx-e ofof
tive to annul patent. That very question in
various forms is pending in the courts.